NATIONAL INSURANCE CO. LTD Vs. ABDUL RAZAAK

JUDGEMENT

(1.) The third respondent Insurance Company in O.P. (M.V.) No. 29 of 2004 of the Motor Accidents Claims Tribunal, Manjeri, has come up in appeal, by challenging award dated 6.6.2008 passed by the Tribunal.

(2.) It is a case wherein a minor boy, who was walking through the extreme road margin, was knocked down by the autorikshaw, being driven by the first respondent before the court below. It was proved that he was not holding any driving license at all. The Tribunal has also entered a finding to the effect that he was not holding any driving license and that the accident had occurred on account of his negligent driving. After entering a further finding that the said driver of the autorikshaw was proceeded against through a chargesheet filed by the police for the offence under Section 3(1) read with Section 181 of the Motor Vehicle Act, for want of license, by relying on the decision in Oriental Insurance Company Ltd. v. Nirarudeen, 2008 2 KerLT 291, the court below has not directed the registered owner of the vehicle to pay back the amount to the Insurance Company. According to the appellant, the Tribunal ought to have passed the award by directing the appellant to pay the amount and permitting the appellant to recover that liability from the registered owner of the vehicle.

(3.) Heard the learned counsel, Smt. K.S. Santhi, for the appellant, and the learned counsel, Shri. P. Samsuddeen, for the respondent.